The complaint stated that in 2013, when the school opened after vacation, the accused principal called her to his office and sexually assaulted her. (File photo)
A special court designated under Protection of Children from Sexual Offences Act (POCSO) last week convicted a principal and a teacher (now retired) for sexually assaulting and harassing specially-abled minor girls in their school.
“School is a pious institute. The children trust their teachers and consider them as guiding light for the life. If this trust is betrayed and when God-like figure himself sexually tortures, no doubt the victims would carry a trauma for life, ” special judge Satyanarayan R Navander noted in the December 12 order, which was made available on Friday.
A 13-year-old hearing and speech impaired girl in her complaint had stated that the accused used to call girls to his office and used to misbehave with them since she had joined the school.
The complaint stated that in 2013, when the school opened after vacation, the accused principal called her to his office and sexually assaulted her and that he used to indulge in same acts with other girls. However, the complaint said that neither the complainant nor the other victims disclosed those instances to their family members due to fear of rustication.
It was further alleged that the other accused, who was teacher in the school, also used to harass minor students. In May 2014, during a parent-student meeting with former president of the organisation, it was revealed that accused persons were committing sexual assault on the minor girls. As their acts continued despite the said meeting, the victims and their parents decided to file complaint, after which an FIR was registered against them.
“It is only because of the status that the teachers enjoy that the parents did not believe the victims. However, when the illicit acts persisted, when the victims multiplied and assault was made repeatedly on the victims, they raised their voice and ultimately approached the law implementing machinery. For the physically challenged students, with bare support, it was not easy to approach the police and file complaint. The steps taken by them itself connotes the gravity of the torture they suffered. Therefore, certainly no extraordinary leniency can be shown to the accused while awarding the sentence,” special judge Satyanarayan R Navander noted in the order.
“Usually, the abusers are from the close network of the victims. They project themselves in the society with high stature and in a dignified manner… It is a fact of common knowledge that disclosure by children about sexual abuse by such abuser, like a teacher, holding position of trust and influence, is either not believed or not taken seriously by the parents. Only because the parents did not believe the victims, or they did not take action immediately, it cannot be said that evidence of the victims is false or untrue,” the judge noted.
The special judge, however, said that the accused persons are now senior citizens (retired) and considering their advanced age and facts and circumstances of the case, it would be proper to award a minimum sentence for offence punishable under Section 10 (aggravated sexual assault) of POCSO Act and imposed five-year rigorous imprisonment on them.
The court also directed that the victims be compensated from the fine imposed on the accused (Rs 15, 000 each for three victims), noting that the same was inadequate.
“When the court acknowledges pains and suffering of the victims due to the illicit acts of the accused, the court should see that they are adequately compensated. Otherwise, the justice would not be complete,” the court said.
Therefore, it referred the matter to District Legal Services Authority (DLSA) to award them suitable compensation under Victim Compensation Scheme.
